Notice of Final Rulemaking on FDIC Official Signs, Advertisement of Membership, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo
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FDIC Financial Institution Letters › Notice of Final Rulemaking on FDIC Official Signs, Advertisement of Membership, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo
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This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Rules and Regulations
Federal Register
3801
Vol. 91, No. 19
Thursday, January 29, 2026
1 89 FR 3504 (Jan. 18, 2024).
2 89 FR 84261 (Oct. 22, 2024).
3 90 FR 11659 (Mar. 11, 2025).
4 See id.
5 See 90 FR 54544 (Nov. 28, 2025).
6 12 U.S.C. 1828(a).
7 See 90 FR 40767 (Aug. 21, 2025).
8 Comments may be accessed at: https://
www.fdic.gov/federal-register-publications/
comments-rin-3064-ag14.
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 328
RIN 3064–AG14
FDIC Official Signs, Advertisement of
Membership, False Advertising,
Misrepresentation of Insured Status,
and Misuse of the FDIC’s Name or
Logo
AGENCY: Federal Deposit Insurance
Corporation.
ACTION: Final rule.
SUMMARY: The Federal Deposit
Insurance Corporation (FDIC) is
amending its signage requirements for
insured depository institutions’ (IDIs)
digital deposit-taking channels and
automated teller machines (ATMs) and
like devices. This final rule is intended
to address implementation issues and
sources of potential confusion raised
following the adoption of signage
requirements for these banking channels
in 2023. The final rule provides
additional flexibility to IDIs while also
enabling consumers to better
understand when they are conducting
business with an IDI and when their
funds are protected by the FDIC’s
deposit insurance coverage.
DATES:
Effective date: The amendments made
in this rule are effective March 2, 2026.
Compliance date: Compliance is
required by April 1, 2027
channels
in 2023. The final rule provides
additional flexibility to IDIs while also
enabling consumers to better
understand when they are conducting
business with an IDI and when their
funds are protected by the FDIC’s
deposit insurance coverage.
DATES:
Effective date: The amendments made
in this rule are effective March 2, 2026.
Compliance date: Compliance is
required by April 1, 2027.
FOR FURTHER INFORMATION CONTACT:
Division of Depositor and Consumer
Protection: Monika Jansen, Senior
Policy Analyst, (202) 898–6781,
MoJansen@fdic.gov; Edward Hof, Senior
Policy Analyst, (202) 898–7213,
EdwHof@fdic.gov; Meron Wondwosen,
Assistant Director, (202) 898–3544,
MeWondwosen@fdic.gov; Legal
Division: Shane Bogusz, Senior
Attorney, (571) 366–0212, SBogusz@
fdic.gov; Nathan Raygor, Senior
Attorney, (202) 898–8688, NRaygor@
fdic.gov.
SUPPLEMENTARY INFORMATION:
I. Policy Objectives and History
This final rule amends the signage
requirements at 12 CFR 328.4 and 328.5
to provide IDIs with greater flexibility in
the display of FDIC signage on digital
deposit-taking channels and ATMs and
like devices. The final rule seeks to
minimize implementation issues,
reduce burden, and address potential
consumer confusion. The final rule does
not amend other provisions under 12
CFR part 328.
On December 20, 2023, the FDIC
adopted a final rule that, among other
things, amended the FDIC’s official sign
and advertisement of membership
regulations under subpart A of 12 CFR
part 328 (the 2023 Final Rule). The rule
established signage requirements across
a wide range of banking channels,
including physical premises, digital
deposit-taking channels, and ATMs and
like devices.1
Following the adoption of the 2023
Final Rule, some IDIs requested
additional time to meet the new
requirements
n
and advertisement of membership
regulations under subpart A of 12 CFR
part 328 (the 2023 Final Rule). The rule
established signage requirements across
a wide range of banking channels,
including physical premises, digital
deposit-taking channels, and ATMs and
like devices.1
Following the adoption of the 2023
Final Rule, some IDIs requested
additional time to meet the new
requirements. As a result, the FDIC
delayed the compliance deadline for the
subpart A amendments.2 Thereafter, the
FDIC observed that the provisions
governing signage requirements for
digital deposit-taking channels and
ATMs and like devices, 12 CFR 328.4
and 328.5, continued to generate
questions regarding implementation and
had the potential to cause consumer
confusion.3 Accordingly, the FDIC
further delayed compliance for those
provisions. This extension was intended
to allow the FDIC to propose changes to
these requirements.4 On November 25,
2025, the FDIC further extended the
compliance date for 12 CFR 328.4 and
328.5 from March 1, 2026, to January 1,
2027, noting the uncertainty IDIs faced
while the FDIC considered changes to
those provisions.5
II. Background
A. Statutory Authority and FDIC
Regulations
The FDIC maintains stability and
public confidence in the nation’s
financial system by, among other things,
insuring the deposits of all IDIs. Section
18(a) of the Federal Deposit Insurance
Act (FDI Act) 6 governs IDI sign and
advertising statement requirements and
grants the FDIC authority to prescribe
regulations with respect to these
requirements. The regulations
implementing signage and
advertisement requirements are
contained in 12 CFR 328.0 through
328.8 of subpart A (subpart A). Subpart
A applies to IDIs, including insured
branches of foreign banks.
B
sit Insurance
Act (FDI Act) 6 governs IDI sign and
advertising statement requirements and
grants the FDIC authority to prescribe
regulations with respect to these
requirements. The regulations
implementing signage and
advertisement requirements are
contained in 12 CFR 328.0 through
328.8 of subpart A (subpart A). Subpart
A applies to IDIs, including insured
branches of foreign banks.
B. August 2025 Proposal and Comments
In response to potential consumer
confusion and challenges with
implementing the 2023 Final Rule’s
signage requirements for digital deposit-
taking channels, ATMs, and like
devices, the FDIC published a notice of
proposed rulemaking (NPR or proposal)
in the Federal Register on August 21,
2025. The NPR proposed to amend the
signage requirements at 12 CFR 328.4
and 328.5 and requested public
comment.7
The NPR intended to clarify and
provide greater flexibility with respect
to the requirements regarding the (1)
FDIC official digital sign design; (2)
display of signage on digital deposit-
taking channels; and (3) display of
signage on ATMs and like devices. The
NPR solicited comments on all aspects
of the proposed rule. The comment
period ended on October 20, 2025. The
FDIC received a total of nine substantive
comments from industry groups, a
payments provider, a non-profit
organization, and an individual.8
Comments are discussed below.
III. Final Rule and Discussion of
Comments
The FDIC reviewed and carefully
considered public comments received
and is generally finalizing the rule as
proposed, with some changes and
clarifications, as described below. The
amendments made by this final rule will
take effect 30 days following publication
in the Federal Register. For reasons
discussed below, the compliance date
for the amendments made by this final
rule will be April 1, 2027.
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cribed below. The
amendments made by this final rule will
take effect 30 days following publication
in the Federal Register. For reasons
discussed below, the compliance date
for the amendments made by this final
rule will be April 1, 2027.
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Federal Register / Vol. 91, No. 19 / Thursday, January 29, 2026 / Rules and Regulations
9 ‘‘Questions and Answers Related to the FDIC’s
Part 328 Final Rule’’ (July 15, 2024), available at:
https://www.fdic.gov/deposit-insurance/questions-
and-answers-related-fdics-part-328-final-rule.
A. FDIC Official Digital Sign Design
Requirements
Proposed Rule
The requirements governing the
design of the FDIC official digital sign
appear at 12 CFR 328.5(b). Those
requirements include specific text,
color, font, and size requirements, such
as specific hexadecimal color codes and
wordmark sizes and provide limited
flexibility for cases in which the
required colors would be illegible due to
the color of the background on a digital
deposit-taking channel.
The NPR proposed amendments to 12
CFR 328.5(b) that would have provided
additional flexibility with respect to the
color, font, and text size that IDIs may
use when displaying the FDIC official
digital sign. Although the NPR would
have continued to require that the FDIC
official digital sign be displayed in
either a combination of navy blue and
black text or all-white text, the NPR
would not have prescribed specific
hexadecimal color codes or required a
specific font size for the text of the FDIC
official digital sign. The proposed
amendments would have provided
additional flexibility by not requiring
specific font sizes and allowing the font
used for the FDIC official digital sign to
be Source Sans Pro Web or a similar
font
d
black text or all-white text, the NPR
would not have prescribed specific
hexadecimal color codes or required a
specific font size for the text of the FDIC
official digital sign. The proposed
amendments would have provided
additional flexibility by not requiring
specific font sizes and allowing the font
used for the FDIC official digital sign to
be Source Sans Pro Web or a similar
font. Consistent with the FDIC’s
previous guidance in ‘‘Questions and
Answers Related to the FDIC’s Part 328
Final Rule’’ 9 (Q&As), the proposed rule
would have expressly permitted IDIs to
‘‘wrap’’ the text of the FDIC official
digital sign to address space constraints.
Discussion of Comments
Comments regarding the FDIC official
digital sign design requirements were
mixed, with commenters supporting or
opposing certain proposed amendments,
and others recommending additional
changes. Several commenters expressed
agreement with the digital sign design
amendments proposed in the NPR.
Others disagreed with the NPR’s
approach, with one commenter arguing
that consumers derive confidence from
the consistency of the FDIC’s signage,
which would be undermined by
providing flexibility in its display.
Another commenter suggested that
defining a range of acceptable
hexadecimal color codes and minimum
font sizes would provide clarity and
certainty to IDIs regarding whether they
have satisfied the rule’s requirements.
Commenters suggested alternative
changes, including providing
illustrative examples of permitted
digital sign designs, providing a
standardized—but optional—official
digital sign, and allowing IDIs the
flexibility to amend the text of the
official digital sign.
Final Rule
The final rule adopts the NPR’s
amendments as proposed with respect
to the design of the FDIC official digital
sign. The final rule requires that the text
of the official digital sign be navy blue
or black but does not mandate specific
color codes
standardized—but optional—official
digital sign, and allowing IDIs the
flexibility to amend the text of the
official digital sign.
Final Rule
The final rule adopts the NPR’s
amendments as proposed with respect
to the design of the FDIC official digital
sign. The final rule requires that the text
of the official digital sign be navy blue
or black but does not mandate specific
color codes. Like the proposed rule, the
final rule also requires IDIs to use
Source Sans Pro Web or any other
similar font. These changes are intended
to give IDIs sufficient flexibility to
exercise reasonable judgment in order to
accommodate technical limitations (e.g.,
space constraints, font availability, and
color options for ‘‘navy blue’’). In
addition, the FDIC will continue to
provide a standardized—but optional—
digital official sign to IDIs via
FDICconnect.
B. Display of FDIC Official Digital Sign
and Other Signage Requirements for
IDIs’ Digital Deposit-Taking Channels
1. FDIC Official Digital Sign
Requirements for Digital Deposit-Taking
Channels
Proposed Rule
Section 328.5(d) requires IDIs to
display the FDIC official digital sign on
an IDI’s digital deposit-taking channel’s
initial page or homepage of the website
or application; landing or login pages;
and pages where a customer may
transact with deposits. Following the
adoption of that provision as part of the
2023 Final Rule, IDIs raised questions
and concerns with implementing these
requirements, particularly with respect
to ‘‘landing pages’’ and ‘‘pages where a
customer may transact with deposits.’’
In response, the NPR included proposed
amendments to 12 CFR 328.5(d) that
would have focused the display of the
FDIC official digital sign on specific
pages and screens that are most relevant
to consumers
Rule, IDIs raised questions
and concerns with implementing these
requirements, particularly with respect
to ‘‘landing pages’’ and ‘‘pages where a
customer may transact with deposits.’’
In response, the NPR included proposed
amendments to 12 CFR 328.5(d) that
would have focused the display of the
FDIC official digital sign on specific
pages and screens that are most relevant
to consumers. First, because the term
‘‘landing page’’ may be viewed as
duplicative of ‘‘login page,’’ the NPR
proposed removing the requirement to
display the FDIC official digital sign on
an IDI’s ‘‘landing page’’ while retaining
the requirement for IDIs to display the
FDIC official digital sign on the ‘‘login
page’’ of an IDI’s digital deposit-taking
channel. Next, the NPR proposed
removing the requirement to display the
FDIC official digital sign on ‘‘pages
where the customer may transact with
deposits,’’ and, instead, proposed
requiring IDIs to display the FDIC
official digital sign on the digital
deposit-taking channels’ page or screen
where a consumer initiates a deposit
account opening.
Discussion of Comments
Several commenters agreed with the
NPR’s proposal to remove the
requirement that the digital sign be
displayed on ‘‘pages where the customer
may transact with deposits.’’ Regarding
the proposed requirement to display
signage on the page or screen where a
consumer initiates a deposit account
opening, some commenters suggested
that the FDIC clarify that signage would
only be required on the first page of a
multi-page account opening process.
Another commenter expressed
disagreement with the proposed
changes, suggesting that the FDIC
official digital sign should be required
any time a deposit is made. This
commenter also suggested that the FDIC
should prohibit IDIs from featuring
insured and uninsured products on the
same page, in part to ensure that the
accompanying signage is not misleading
to consumers
nt opening process.
Another commenter expressed
disagreement with the proposed
changes, suggesting that the FDIC
official digital sign should be required
any time a deposit is made. This
commenter also suggested that the FDIC
should prohibit IDIs from featuring
insured and uninsured products on the
same page, in part to ensure that the
accompanying signage is not misleading
to consumers.
One commenter supported the
proposed removal of the requirement to
display the FDIC official digital sign on
landing pages and suggested that the
FDIC eliminate the requirement to
display the official digital sign
altogether. The commenter said that the
presence of the digital sign on pages
where IDIs also provide information
about products that are not FDIC-
insured could confuse consumers.
Another commenter suggested that the
FDIC limit the requirement to pages or
screens solely dedicated to insured
deposit products.
Final Rule
The final rule adopts the NPR’s
proposed changes to the display of the
FDIC official digital sign on digital
deposit-taking channels and explicitly
provides that the sign is required only
on the first page or screen of the deposit
account opening process. Specifically,
under the final rule, IDIs are required to
display the FDIC official digital sign
clearly, continuously, and
conspicuously on the (1) initial page or
homepage of the website or application;
(2) login page; and (3) page or screen
where the consumer first initiates a
deposit account opening.
The final rule ensures that signage
appears where it is most valuable to
consumers without requiring the
repetitive display of the official digital
sign on successive pages or screens.
Importantly, the rule does not prohibit
the inclusion of uninsured products on
pages bearing the FDIC official digital
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uable to
consumers without requiring the
repetitive display of the official digital
sign on successive pages or screens.
Importantly, the rule does not prohibit
the inclusion of uninsured products on
pages bearing the FDIC official digital
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10 See 12 CFR 328.102(a)(2), (a)(3)(i) through (ii).
11 See FIL–9–1994 (Feb. 15, 1994), available at
https://www.fdic.gov/news/financial-institution-
letters/1994/interagency-statement-retail-sales-
nondeposit-investment.
12 See 12 CFR parts 14 and 343.
13 See 12 CFR 328.4(d) and 328.5(g)(1).
14 ‘‘Questions and Answers Related to the FDIC’s
Part 328 Final Rule’’ (July 15, 2024), available at:
https://www.fdic.gov/deposit-insurance/questions-
and-answers-related-fdics-part-328-final-rule.
15 The requirement would also be met by signage
that includes the statements identified in 12 CFR
343.40(c)(5) (‘‘(i) ‘NOT A DEPOSIT’; (ii) ‘NOT FDIC-
INSURED’; (iii) ‘NOT INSURED BY ANY FEDERAL
GOVERNMENT AGENCY’; (iv) ‘NOT
GUARANTEED BY THE INSTITUTION’; and (v)
‘MAY GO DOWN IN VALUE’ ’’) or in FINRA Rule
3160(a)(3)(A) (‘‘(i) not insured by the Federal
Deposit Insurance Corporation (‘FDIC’); (ii) not
deposits or other obligations of the financial
institution and are not guaranteed by the financial
institution; and (iii) subject to investment risks,
including possible loss of the principal invested.’’),
as those provisions appear as of the date of this
publication.
sign
’’) or in FINRA Rule
3160(a)(3)(A) (‘‘(i) not insured by the Federal
Deposit Insurance Corporation (‘FDIC’); (ii) not
deposits or other obligations of the financial
institution and are not guaranteed by the financial
institution; and (iii) subject to investment risks,
including possible loss of the principal invested.’’),
as those provisions appear as of the date of this
publication.
sign. The FDIC’s regulations prohibiting
deposit insurance misrepresentations,
including misrepresentations using
FDIC-Associated Images such as the
FDIC official digital sign,10 provide
sufficient safeguards against such
misrepresentations or confusion that
may occur if the FDIC official digital
sign is displayed on pages that include
uninsured products.
2. Static Non-Deposit Signage
Requirements for Digital Deposit-Taking
Channels
Proposed Rule
Section 328.5(g)(1) requires IDIs to
clearly, continuously, and
conspicuously display non-deposit
signage ‘‘on each page relating to non-
deposit products’’ that indicates that
non-deposit products are not insured by
the FDIC, are not deposits, and may lose
value.
To address questions and concerns
raised regarding what would be
considered a page ‘‘relating’’ to non-
deposit products and whether this term
includes pages and screens with
incidental references to non-deposit
products (e.g., homepages or navigation
menus or tabs), the NPR proposed
requiring the display of non-deposit
signage only on pages and screens that
are primarily dedicated to one or more
non-deposit products. The NPR would
have clarified that IDIs would not need
to display non-deposit signage on pages
or screens with incidental references to
non-deposit products, such as the
homepage or on a navigation menu that
references or links to non-deposit
product pages
quiring the display of non-deposit
signage only on pages and screens that
are primarily dedicated to one or more
non-deposit products. The NPR would
have clarified that IDIs would not need
to display non-deposit signage on pages
or screens with incidental references to
non-deposit products, such as the
homepage or on a navigation menu that
references or links to non-deposit
product pages.
Discussion of Comments
In general, commenters supported the
NPR’s proposed requirement that non-
deposit signage only be required on
pages and screens that are primarily
dedicated to one or more non-deposit
products. Two commenters, however,
requested that the FDIC provide
examples of pages or screens that
require non-deposit signage as a result
of being ‘‘primarily dedicated’’ to non-
deposit products.
Commenters requested clarification
regarding how 12 CFR part 328’s non-
deposit signage requirements interact
with other regulatory disclosure
obligations. One commenter suggested
that the FDIC add an exception such
that non-deposit digital signage would
not be required on digital channels that
align with the Interagency Statement on
Retail Sales of Nondeposit Investment
Products (interagency guidance).11
Another commenter suggested that the
FDIC’s non-deposit signage
requirements for digital deposit-taking
channels should be eliminated entirely,
as existing guidance and regulations
already require similar disclosures
alongside statements regarding
securities, investment products, and
insurance products. Specifically, this
commenter pointed to requirements
imposed by the interagency guidance,
the Financial Industry Regulatory
Authority (FINRA) Rule 3160, and the
insurance product regulations issued
pursuant to 12 U.S.C. 1831x.12
Final Rule
The final rule adopts the NPR’s
changes to static non-deposit signage
requirements on digital deposit-taking
channels with additional revisions
ucts. Specifically, this
commenter pointed to requirements
imposed by the interagency guidance,
the Financial Industry Regulatory
Authority (FINRA) Rule 3160, and the
insurance product regulations issued
pursuant to 12 U.S.C. 1831x.12
Final Rule
The final rule adopts the NPR’s
changes to static non-deposit signage
requirements on digital deposit-taking
channels with additional revisions. The
NPR proposed that the requirement to
display static non-deposit signage apply
to an IDI’s digital deposit-taking channel
that ‘‘offers the ability to make deposits
electronically and provides access to
deposits and one or more non-deposit
products[.]’’ Recognizing that an IDI’s
digital deposit-taking channels may also
advertise or provide information about
non-deposit products and include a
weblink to a third-party’s website or
mobile application—where the
customer can then open or transact with
a non-deposit product—the final rule
adopts language to incorporate this
concept. Specifically, the requirement to
display non-deposit signage applies to
digital deposit-taking channels that offer
customers the ability to make deposits
electronically, provide customers access
to deposits, and advertise, provide
information about, or access to non-
deposit products.
The final rule also adopts a clearer,
more specific ‘‘primarily dedicated’’
standard for the pages of an IDI’s digital
deposit-taking channel on which non-
deposit signage is required. The final
rule states that IDIs must clearly,
continuously, and conspicuously
display non-deposit signage on any page
that is primarily dedicated to
advertising or providing information
about, or access to, non-deposit
products. On such pages, IDIs must
clearly, continuously, and
conspicuously display non-deposit
signage indicating that non-deposit
products are not insured by the FDIC;
are not deposits; and may lose value
clearly,
continuously, and conspicuously
display non-deposit signage on any page
that is primarily dedicated to
advertising or providing information
about, or access to, non-deposit
products. On such pages, IDIs must
clearly, continuously, and
conspicuously display non-deposit
signage indicating that non-deposit
products are not insured by the FDIC;
are not deposits; and may lose value.
Scope of Static Non-Deposit Signage
Requirements for Digital Deposit-Taking
Channels
The amended scope of the non-
deposit signage requirement is intended
to recognize that, although graphics and
links concerning non-deposit products
may appear on a variety of IDI web
pages, the range of pages that are
primarily dedicated to advertising or
providing information about, or access
to, non-deposit products may be much
narrower. An IDI’s homepage—typically
geared toward general banking services,
even if it includes limited graphics and
links that allow customers to access
pages with non-deposit products—
would not meet this standard. Instead,
pages on an IDI’s digital deposit-taking
channel where the primary focus of the
content is marketing or providing
information about non-deposit products
(such as pages that are accessed by
clicking ‘‘Investing’’ or ‘‘Wealth
Management’’) will tend to be pages
covered by this standard.
Content and Manner of Placement of
Non-Deposit Signage
Commenters also raised concerns that
IDIs may be subject to overlapping
disclosure requirements for non-deposit
investment products that are similar to
12 CFR part 328’s non-deposit signage
requirements. There are two dimensions
to these similarities: the content of
required disclosures and the manner in
which disclosures must be displayed
t and Manner of Placement of
Non-Deposit Signage
Commenters also raised concerns that
IDIs may be subject to overlapping
disclosure requirements for non-deposit
investment products that are similar to
12 CFR part 328’s non-deposit signage
requirements. There are two dimensions
to these similarities: the content of
required disclosures and the manner in
which disclosures must be displayed.
As to content, the signage must
‘‘indicat[e] that the non-deposit
products: are not insured by the FDIC;
are not deposits; and may lose value.’’ 13
The FDIC has previously noted in Q&As
that signage that states ‘‘Not FDIC
Insured; No Bank Guarantee; May Lose
Value’’ would meet this
requirement.14 15 As to the manner in
which non-deposit signage must be
displayed, the regulation’s clear,
continuous, and conspicuous
requirement bears similarity to the
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16 For example, the FDIC’s regulations on
Consumer Protection in Sales of Insurance require
disclosures to be ‘‘conspicuous, simple, direct,
readily understandable, and designed to call
attention to the nature and significance of the
information provided.’’ See 12 CFR 343.40(c)(5).
17 See, e.g., 88 FR 37920 (June 9, 2023); FIL–9–
94 (Feb. 15, 1994).
display requirements that accompany
other disclosure requirements, which
characterize their standards in similar
terms.16 If, in efforts to comply with
other disclosure requirements, an IDI
already continuously, clearly, and
conspicuously displays non-deposit
signage consistent with 12 CFR part 328,
no additional changes would be
required by the final rule. However, a
common industry practice is to include
disclosures towards the bottom of a web
page, where they are generally less
likely to be seen by consumers
in efforts to comply with
other disclosure requirements, an IDI
already continuously, clearly, and
conspicuously displays non-deposit
signage consistent with 12 CFR part 328,
no additional changes would be
required by the final rule. However, a
common industry practice is to include
disclosures towards the bottom of a web
page, where they are generally less
likely to be seen by consumers. Signage
would not be displayed clearly,
continuously, and conspicuously for
purposes of 12 CFR part 328 if it
appears at the bottom of a web page, in
very small text size.
The FDIC recognizes the variability of
IDI web pages and understands that the
specific location in which to place the
non-deposit signage on a web page that
would be considered clear and
conspicuous depends on the design of
the specific web page. As a result, the
final rule provides IDIs flexibility in the
placement of the non-deposit signage.
Signage appearing towards the bottom
of a web page would meet the standard
in 12 CFR part 328 so long as the text
is displayed more prominently than
footnotes. For example, if the non-
deposit signage is placed in a text box,
or displayed in larger or bolded font,
relative to the smallest text on the page,
it would be sufficiently clear and
conspicuous to meet the standard,
notwithstanding its placement towards
the bottom of a web page.
3. Examples of Clear, Continuous, and
Conspicuous Display
Proposed Rule
The NPR did not propose changes to
the requirement that the signage must be
displayed clearly, continuously, and
conspicuously. However, to provide
IDIs with additional clarification about
meeting this display standard, the
proposed rule provided a non-
exhaustive list of examples of various
placements of the FDIC official digital
sign and non-deposit signage that would
meet the clear, continuous, and
conspicuous standard for IDIs’ digital
deposit-taking channels
isplayed clearly, continuously, and
conspicuously. However, to provide
IDIs with additional clarification about
meeting this display standard, the
proposed rule provided a non-
exhaustive list of examples of various
placements of the FDIC official digital
sign and non-deposit signage that would
meet the clear, continuous, and
conspicuous standard for IDIs’ digital
deposit-taking channels.
Discussion of Comments
In general, commenters sought further
clarity on the ‘‘clearly, continuously,
and conspicuously’’ standard. One
commenter stated that, with respect to
login pages for mobile applications, the
signage requirement should be clarified
to expressly state whether the digital
sign is required to be displayed ‘‘near
the top of the page.’’ Another
commenter requested additional
guidance on the application of the clear,
continuous, and conspicuous standard
to mobile applications and web designs.
This commenter also stated that
prescriptive requirements about where
on a page or screen signage must be
displayed may confuse customers by
leading to cluttered pages or situations
where both the FDIC official digital sign
and non-deposit signage are on the same
page.
Final Rule
The final rule generally adopts the
NPR’s examples of clear, continuous,
and conspicuous signage with certain
changes. The NPR proposed four
examples at 12 CFR 328.5(e). The final
rule adopts the first three of those
examples as proposed. The fourth
example illustrated that non-deposit
signage would meet the standard if
placed ‘‘[on] a page on an insured
depository institution’s website
promoting, for example, annuities
available for purchase, with non-deposit
signage appearing towards the bottom of
a promotional text or graphic in a size
generally consistent with other text on
the page.’’ As noted above, it is a
common industry practice to include
disclosures towards the bottom of a web
page, as opposed to near promotional
text or graphics themselves
titution’s website
promoting, for example, annuities
available for purchase, with non-deposit
signage appearing towards the bottom of
a promotional text or graphic in a size
generally consistent with other text on
the page.’’ As noted above, it is a
common industry practice to include
disclosures towards the bottom of a web
page, as opposed to near promotional
text or graphics themselves. In order to
provide a clearer and more practical
example, the final rule revises this
example to state that non-deposit
signage placed towards the bottom of a
page that distinguishes the text from the
smallest text on the page by using bold
or larger font, or surrounding the
disclosure with a text box, would
generally be considered to be clear and
conspicuous.
The final rule provides examples that
are broad enough to recognize both the
wide variety of content arrangements
and page layouts on IDI platforms and
the potential that those arrangements
and layouts will change over time.
Ultimately, whether signage is clear,
continuous, and conspicuous must be
based on the appearance of signage in
relation to other content on a given page
or screen.
The examples provided in the final
rule identify potential means of
satisfying the clear, continuous, and
conspicuous standard for various types
of FDIC signage. Importantly, the
examples do not set minimum
requirements beyond what is stated in
the regulatory text by, for example,
mandating the placement of signage on
a particular part of a web page or mobile
application. The intention in providing
these requested examples is to suggest
means of satisfying 12 CFR part 328’s
requirements, not to constrain IDIs’
ability to arrange required signage in the
manner that best suits their digital
deposit-taking channels.
In rare circumstances, both the FDIC
official digital sign and non-deposit
signage may appear on the same page
a web page or mobile
application. The intention in providing
these requested examples is to suggest
means of satisfying 12 CFR part 328’s
requirements, not to constrain IDIs’
ability to arrange required signage in the
manner that best suits their digital
deposit-taking channels.
In rare circumstances, both the FDIC
official digital sign and non-deposit
signage may appear on the same page.
However, the potential for both signage
requirements to apply to the same page
is greatly minimized by the
amendments in this rule, which reduce
the number of pages on which the FDIC
official digital sign and non-deposit
signage must be displayed.
4. One-Time Notification for Bank
Customers Related to Third-Party Non-
Deposit Products
Proposed Rule
Section 328.5(g)(2) requires IDIs to
display a one-time notification when a
bank customer who is logged into an
IDI’s digital deposit-taking channel
attempts to access non-deposit products
through a hyperlink (or similar
weblinking feature) to a non-bank third-
party platform. The one-time
notification must clearly and
conspicuously indicate that the non-
deposit products: are not insured by the
FDIC; are not deposits; and may lose
value. IDIs may permit their customers
to access the third party’s platform only
after such customers acted to dismiss
the notification.
To address operational challenges in
implementing the one-time notification
requirement, as well as concerns that
the notification would be disruptive and
degrade the user experience for IDI
customers, the NPR proposed giving
IDIs additional flexibility with respect
to the one-time notification
requirement. Specifically, under the
proposed rule, IDIs would have two
options with respect to the dismissal of
the notification, such that the
notification could be dismissed by an
act of the customer or dismissed
automatically after the customer has
been provided a reasonable
opportunity—constituting at least three
seconds—to read the content
with respect
to the one-time notification
requirement. Specifically, under the
proposed rule, IDIs would have two
options with respect to the dismissal of
the notification, such that the
notification could be dismissed by an
act of the customer or dismissed
automatically after the customer has
been provided a reasonable
opportunity—constituting at least three
seconds—to read the content.
Consistent with prior
interpretations,17 the NPR’s preamble
noted that affiliated entities are viewed
as ‘‘third parties’’ for purposes of the
one-time notification requirement. As
such, the NPR preamble stated that IDIs
would be required to display the one-
time notification when customers access
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18 ‘‘Questions and Answers Related to the FDIC’s
Part 328 Final Rule’’ (July 15, 2024), available at:
https://www.fdic.gov/deposit-insurance/questions-
and-answers-related-fdics-part-328-final-rule.
19 Examples of additional disclosures on IDIs’
digital deposit-taking channels include, but are not
limited to: ‘‘FDIC insurance availability on this page
only applies to deposit accounts at [IDI name]’’ and
‘‘[IDI name] deposit products are FDIC insured.’’
affiliated third-party non-deposit
products when leaving an IDI’s digital
deposit-taking channel. Finally, the NPR
would have made non-substantive
organizational changes to the regulatory
text of the one-time notification
requirement.
Discussion of Comments
Several commenters expressed
support for the proposed amendments
to the one-time notification
requirement. A commenter requested
that the FDIC specifically clarify
whether the three-second duration
applies when the notification is
dismissed automatically, as opposed to
when the customer actively clicks it
away
atory
text of the one-time notification
requirement.
Discussion of Comments
Several commenters expressed
support for the proposed amendments
to the one-time notification
requirement. A commenter requested
that the FDIC specifically clarify
whether the three-second duration
applies when the notification is
dismissed automatically, as opposed to
when the customer actively clicks it
away. One commenter stated that it did
not object to requiring the one-time
notification when the third-party is an
affiliate of an IDI. Another commenter
sought additional clarification regarding
when the one-time notification
requirement applies to affiliated third-
party platforms.
One commenter stated that the FDIC
should eliminate the one-time
notification requirement, arguing that
the notice is confusing and that other
regulations that apply to both IDIs and
third parties provide consumers with
sufficient notice. Another commenter
conversely stated that both the three-
second duration and the consumer’s
ability to click the notification away
would not provide consumers with
sufficient notice.
Final Rule
The final rule adopts the proposed
requirement to display a one-time
notification for IDI customers accessing
third-party non-deposit products, with
organizational and streamlining changes
to the regulatory text for clarity.
Commenters asked whether the one-
time notification requirement would
apply to IDI affiliates. As discussed in
the preamble to the proposed rule, and
consistent with the FDIC’s prior
interpretations,18 the notification must
appear when a logged-in IDI customer
attempts to navigate from the IDI’s
digital deposit-taking channel to the
affiliate platform (e.g., website or
application) that offers non-deposit
products. Commenters also asked
whether the requirement applies to
customers who do not leave an IDI’s
digital deposit-taking channel. The
notification requirement applies only
when a customer leaves the IDI’s digital
deposit-taking channel
attempts to navigate from the IDI’s
digital deposit-taking channel to the
affiliate platform (e.g., website or
application) that offers non-deposit
products. Commenters also asked
whether the requirement applies to
customers who do not leave an IDI’s
digital deposit-taking channel. The
notification requirement applies only
when a customer leaves the IDI’s digital
deposit-taking channel.
As noted, at least one commenter
sought clarification on the required
operation of the one-time notification.
The final rule adopts the proposed
change and, in response to that
commenter, restructures and
streamlines the proposed regulatory text
to make it clear that the requirement to
display the sign for a minimum of three
seconds only applies if the notification
disappears automatically (as opposed to
if the customer manually dismisses the
notification). Simply stated, an
institution could enable a customer to
affirmatively dismiss the notification or
could permit the notification to remain
on the page for a minimum of 3 seconds.
In addition, IDIs could combine these
two options through a notification that
could either be dismissed manually by
the customer or disappear automatically
after a minimum of 3 seconds. The
notification would not need to remain
on the page for 3 seconds if the
customer affirmatively dismisses the
notification before 3 seconds elapses.
Although some commenters believe
the one-time notification is duplicative,
and one commenter stated that the
notification is not sufficient to inform
IDI customers, the revised requirement
preserves a customer notification
function, while providing IDIs with
greater flexibility such that the
notification does not meaningfully
degrade the user experience on IDIs’
digital deposit-taking channels.
5
ome commenters believe
the one-time notification is duplicative,
and one commenter stated that the
notification is not sufficient to inform
IDI customers, the revised requirement
preserves a customer notification
function, while providing IDIs with
greater flexibility such that the
notification does not meaningfully
degrade the user experience on IDIs’
digital deposit-taking channels.
5. Additional Disclosures Permitted
The NPR included language that
would have expressly permitted IDIs to
include additional disclosures in the
one-time notification for bank customers
related to third-party non-deposit
products. Some commenters requested
that the FDIC expand the scope of this
provision to give IDIs explicit flexibility
to include additional disclosures
generally, and not just with respect to
the one-time notification.
Since the 2023 Final Rule was
adopted, the FDIC has observed IDIs
that provide additional disclosures on
their digital deposit-taking channels to
clarify the availability of FDIC insurance
on certain products.19 This
demonstrates that digital deposit-taking
channels can differ widely and IDIs may
identify instances where additional
disclosures would prevent consumer
confusion or otherwise benefit
consumers. The final rule expressly
provides IDIs with the latitude to
display additional disclosures through a
new 12 CFR 328.5(f), which provides
that the signage requirements for digital
deposit-taking channels do not limit
IDIs’ ability to display signage and
disclosures in addition to those required
by 12 CFR part 328.
C. Signage Requirements for ATMs and
Like Devices
1
se benefit
consumers. The final rule expressly
provides IDIs with the latitude to
display additional disclosures through a
new 12 CFR 328.5(f), which provides
that the signage requirements for digital
deposit-taking channels do not limit
IDIs’ ability to display signage and
disclosures in addition to those required
by 12 CFR part 328.
C. Signage Requirements for ATMs and
Like Devices
1. FDIC Official Digital Sign
Requirements for ATMs and Like
Devices
Proposed Rule
Under 12 CFR 328.4(c), for ATMs that
receive deposits and offer access to non-
deposit products, IDIs are required to
display the FDIC official digital sign
clearly, continuously, and
conspicuously on an ATM or like
device’s ‘‘homepage or screen and on
each transaction page or screen relating
to deposits.’’ The proposal sought to
simplify compliance for IDIs and
mitigate potential consumer confusion
by requiring the display of the FDIC
official digital sign only on the ‘‘initial
screen’’ of an IDI’s ATM or like device.
The NPR preamble stated that an ATM’s
‘‘initial screen’’ is the screen that is
displayed before an IDI’s customer
inserts a debit card or other credentials
to access the device (sometimes referred
to as a ‘‘welcome screen’’).
Discussion of Comments
Two commenters requested
clarification on the ‘‘initial screen’’
requirement for ATMs and like devices.
Both commenters believed that this
language was susceptible to multiple
interpretations. One commenter argued
that the NPR could require the display
of signage on a device’s idle or standby
screen, which IDIs often use to advertise
a range of financial and non-financial
products and services, rendering it
potentially misleading to display the
FDIC official digital sign
and like devices.
Both commenters believed that this
language was susceptible to multiple
interpretations. One commenter argued
that the NPR could require the display
of signage on a device’s idle or standby
screen, which IDIs often use to advertise
a range of financial and non-financial
products and services, rendering it
potentially misleading to display the
FDIC official digital sign. Both
commenters suggested that the
requirement be changed to require
display of the FDIC sign on the screen
after a customer’s engagement with the
device—whether the insertion of a debit
card or credentials or some other action,
such as pressing a button or
touchscreen—that would cause the idle
or standby screen to stop displaying.
Another commenter suggested that
the description of an ‘‘initial screen’’ in
the preamble to the NPR was technically
unworkable. Specifically, because the
proposal described an initial screen
with reference to a customer’s behavior,
this commenter suggested that IDIs
would need to assess the identity of an
ATM’s user and their relationship to the
IDI in order to determine whether
signage was required. Because the NPR
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20 See 12 CFR 328.4(b) and (e).
21 Under both the regulation and the proposal, to
be subject to the non-deposit signage requirements,
an ATM or like device must also offer access to
deposits at an IDI.
preamble described the initial screen as
the screen appearing before a customer
presents credentials, this would be
difficult or impossible to do
y, January 29, 2026 / Rules and Regulations
20 See 12 CFR 328.4(b) and (e).
21 Under both the regulation and the proposal, to
be subject to the non-deposit signage requirements,
an ATM or like device must also offer access to
deposits at an IDI.
preamble described the initial screen as
the screen appearing before a customer
presents credentials, this would be
difficult or impossible to do.
Final Rule
To simplify compliance for IDIs and
mitigate potential consumer confusion,
the final rule generally adopts the
proposed change that the FDIC official
digital sign appear on the initial screen
of IDIs’ ATMs and like devices, with
one clarification noted below. The FDIC
official digital sign is no longer required
on homepages or screens or on each
transaction page or screen relating to
deposits.
The proposal, in the preamble,
described an ‘‘initial screen’’ as ‘‘the
screen that is displayed before an IDI’s
customer inserts a debit card or other
credentials to access the device
(sometimes referred to as a ‘welcome
screen’).’’ In light of the variability in
the types of ‘‘initial screens,’’ as
explained by the commenters, the FDIC
is providing additional precision
regarding the ‘‘initial screen’’
requirement. Many IDIs display rotating
advertisements for products, services,
and events on the screens of idle ATMs,
which operate as a ‘‘screen saver’’ prior
to engagement by a user. Read literally,
the preamble’s description of an ‘‘initial
screen’’ could apply to those screens. If
the FDIC official digital signage
appeared with such content, it may be
misleading. Accordingly, the final rule
includes a clarification that
advertisements of this nature will not be
considered initial screens for purposes
of the ATM signage requirements
’’ prior
to engagement by a user. Read literally,
the preamble’s description of an ‘‘initial
screen’’ could apply to those screens. If
the FDIC official digital signage
appeared with such content, it may be
misleading. Accordingly, the final rule
includes a clarification that
advertisements of this nature will not be
considered initial screens for purposes
of the ATM signage requirements.
Whether or not a given device displays
advertisements when idle, all ATMs and
like devices will have at least one
‘‘initial screen’’ on which the FDIC
official digital sign is displayed,
consistent with the FDIC’s goals of
ensuring that consumers know when
they are doing business with an IDI and
that an IDI’s customers are informed
about the insured status of their
deposits.
2. Limited Exception for Certain ATMs
and Like Devices To Display Physical
FDIC Official Sign
Proposed Rule
Section 328.4 provides a limited
exception to the FDIC official digital
sign requirement for ATMs and like
devices that do not offer non-deposit
products and were placed into service
prior to January 1, 2025, permitting such
devices to display either the FDIC
official digital sign or the physical FDIC
official sign.20 To address questions
about the scope of the physical FDIC
official sign exception for existing
ATMs and like devices and concerns
about costs associated with updating
ATMs and like devices that are already
in service, the NPR would have
expanded the physical sign exception to
a wider range of ATMs and like devices,
giving IDIs greater flexibility to display
either the physical FDIC official sign or
the FDIC official digital sign on those
devices. Under the proposal, the
physical signage exception would have
been available to (1) all ATMs and like
devices placed into service prior to
January 1, 2027, and (2) all ATMs and
like devices, regardless of when placed
into service, that do not allow customers
to transact with non-deposit products
ay
either the physical FDIC official sign or
the FDIC official digital sign on those
devices. Under the proposal, the
physical signage exception would have
been available to (1) all ATMs and like
devices placed into service prior to
January 1, 2027, and (2) all ATMs and
like devices, regardless of when placed
into service, that do not allow customers
to transact with non-deposit products.
Discussion of Comments
Two commenters expressed support
for the NPR’s expanded exception from
the digital sign requirement for ATMs
and like devices placed into service
before January 1, 2027, or that do not
offer non-deposit products.
Final Rule
The final rule adopts the limited
exception for certain ATMs to display
the physical official sign as proposed,
with one change. The relevant ‘‘placed
into service’’ date the NPR proposed for
the physical sign exception was January
1, 2027, which was aligned with the
contemplated compliance date. Because
the compliance date for this rule is
April 1, 2027, that date will also serve
as the ‘‘placed into service’’ date for the
physical sign exception for ATMs and
like devices. As noted, commenters did
not suggest changes to the proposed
exception from the digital sign
requirement for ATMs and like devices.
3. Degraded or Defaced Physical FDIC
Official Signs
Proposed Rule
Section 328.4(f) provides that a
degraded or defaced physical FDIC
official sign on ATMs and like devices
would not be considered to be displayed
in a clear and conspicuous manner. The
NPR would have removed this
provision. The NPR stated that this
provision is not needed because an
institution is required to clearly and
conspicuously display the sign, and if
the sign is not clear to consumers, the
institution would not be displaying it
clearly
al FDIC
official sign on ATMs and like devices
would not be considered to be displayed
in a clear and conspicuous manner. The
NPR would have removed this
provision. The NPR stated that this
provision is not needed because an
institution is required to clearly and
conspicuously display the sign, and if
the sign is not clear to consumers, the
institution would not be displaying it
clearly.
Discussion of Comments
A commenter noted that setting
minimum standards for the condition,
clarity, or conspicuousness of physical
FDIC signage would create a compliance
burden for IDIs, particularly community
banks that have ATMs distributed
across rural locations.
Final Rule
The final rule adopts the proposed
deletion of section 328.4(f). As noted,
this provision is unnecessary in light of
an IDI’s obligation to display signage
clearly. Signage that is degraded or
defaced to an extent that a consumer is
unable to read and understand its
content would not be displayed clearly.
The FDIC did not receive any comments
opposing this aspect of the proposal.
4. Non-Deposit Signage
Proposed Rule
Section 328.4(d) requires IDIs’ ATMs
that receive deposits and offer access to
non-deposit products to clearly,
continuously, and conspicuously
display non-deposit signage ‘‘on each
transaction page or screen relating to
non-deposit products.’’ Such non-
deposit signage must indicate that non-
deposit products are not insured by the
FDIC; are not deposits; and may lose
value. In recognition of feedback that
non-deposit signage requirements for
ATMs and like devices are overly broad
and repetitive, the NPR proposed
modifying the non-deposit signage
requirements for ATMs and like devices
in two respects.
First, under the proposal, a narrower
subset of ATMs and like devices would
have been subject to the non-deposit
signage requirements
its; and may lose
value. In recognition of feedback that
non-deposit signage requirements for
ATMs and like devices are overly broad
and repetitive, the NPR proposed
modifying the non-deposit signage
requirements for ATMs and like devices
in two respects.
First, under the proposal, a narrower
subset of ATMs and like devices would
have been subject to the non-deposit
signage requirements. While the non-
deposit signage requirements presently
apply to an ATM or like device that
offers access to non-deposit products,
the proposal would only have required
non-deposit signage on ATMs or like
devices that permit IDI customers to
transact with one or more non-deposit
products.21 This change would have
removed ATMs and like devices from
the scope of the non-deposit signage
requirements if, for example, they
merely permit customers to view
account balances for non-deposit
products. Moreover, acknowledging the
technical limitations IDIs face in
verifying information for customers of
other financial institutions using the
IDI’s ATMs and like devices (referred to
as ‘‘non-customers’’), including whether
the non-customer is accessing FDIC-
insured deposit accounts or non-deposit
products, the proposed rule would not
have required IDIs to display non-
deposit signage for pages and screens
viewed by non-customers.
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omers’’), including whether
the non-customer is accessing FDIC-
insured deposit accounts or non-deposit
products, the proposed rule would not
have required IDIs to display non-
deposit signage for pages and screens
viewed by non-customers.
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Second, the NPR proposed reducing
the pages and screens on which display
of non-deposit signage would be
required, reflecting a more focused
approach. Although the regulation
presently requires non-deposit signage
to be displayed on each transaction page
or screen relating to non-deposit
products, the NPR proposed requiring
that non-deposit signage appear only on
the initial transaction page or initial
transaction screen for a non-deposit
product.
Discussion of Comments
One commenter requested additional
clarity regarding whether IDIs are
required to display non-deposit signage
on ATMs and like devices to non-
customers. As noted above, the
preamble to the proposed rule
acknowledged IDIs’ technical
limitations regarding determining
whether a non-customer is accessing
FDIC-insured deposit accounts or non-
deposit products. To address these
limitations, the proposed rule preamble
stated that IDIs would be required to
display non-deposit signage only ‘‘for
the IDI’s own customers[.]’’ This
commenter suggested that this
clarification be made in the regulatory
text.
Another commenter suggested that
the FDIC reconsider the screens on
which ATMs and like devices must
display non-deposit signage. This
commenter suggested that, in practice,
the first screen an ATM user engages
with upon entering their credentials is
a page featuring various ‘‘shortcuts’’ to
quickly carry out transactions
suggested that this
clarification be made in the regulatory
text.
Another commenter suggested that
the FDIC reconsider the screens on
which ATMs and like devices must
display non-deposit signage. This
commenter suggested that, in practice,
the first screen an ATM user engages
with upon entering their credentials is
a page featuring various ‘‘shortcuts’’ to
quickly carry out transactions. Such
screens could meet the ‘‘initial
transaction page’’ standard, but
inclusion of non-deposit signage on
such a screen would be potentially
misleading as to other shortcuts on the
page. To address this, the commenter
recommended that the FDIC require
non-deposit signage only on ATM
screens primarily dedicated to one or
more non-deposit products, the same
standard as the proposal set for digital
deposit-taking channels.
A third commenter expressed support
for the proposed changes for non-
deposit signage requirements on ATMs
and like devices, noting that the
amendments would significantly
simplify compliance for IDIs.
Final Rule
The final rule generally adopts the
proposed changes, and in response to
comments, includes language clarifying
that the non-deposit signage
requirement applies only to customers
of the IDI.
Consistent with the proposal, the final
rule requires IDIs to display non-deposit
signage on its ATMs and like devices
only for its own customers. Because
technological limitations often do not
provide an IDI with detailed
information about the accounts with
which non-customers interact at that
IDI’s ATM, requiring IDIs to display
non-deposit signage to such users may
result in the user viewing a confusing or
inaccurate disclosure. To provide clarity
regarding the scope of the requirement,
the final rule expressly refers to an
‘‘insured depository institution’s
customer,’’ consistent with the intention
that it apply solely to IDI’s customers
rather than all users of an ATM or like
device
requiring IDIs to display
non-deposit signage to such users may
result in the user viewing a confusing or
inaccurate disclosure. To provide clarity
regarding the scope of the requirement,
the final rule expressly refers to an
‘‘insured depository institution’s
customer,’’ consistent with the intention
that it apply solely to IDI’s customers
rather than all users of an ATM or like
device.
The FDIC is adopting the changes as
proposed regarding the screens on
which the non-deposit sign must be
displayed. The ‘‘initial transaction page
or screen’’ includes the first screen
displayed upon initiating a transaction
with a non-deposit product. In response
to concerns that the requirement might
apply to pages and screens with
‘‘shortcuts,’’ it should be noted that a
screen that presents a range of options
and shortcuts, one of which is to
transact with a non-deposit product,
would be the screen displayed prior to,
rather than upon, initiating a transaction
with a non-deposit product. Under this
final rule, the non-deposit signage is to
be displayed instead at the time a user
initiates the process of carrying out a
transaction with non-deposit products.
A commenter requested that the FDIC
utilize the ‘‘pages or screens primarily
dedicated to one or more non-deposit
products’’ standard for ATMs and like
devices. While such a standard is
suitable for digital deposit-taking
channels, the FDIC believes a different
approach is warranted for ATMs and
like devices. Specifically, ATMs and
like devices are more typically geared
towards completing transactions, while
digital deposit-taking channel pages
contain more informational content than
would appear on ATM screens.
5. Additional Disclosures Permitted
Commenters requested that the FDIC
give IDIs flexibility to include
additional disclosures
ferent
approach is warranted for ATMs and
like devices. Specifically, ATMs and
like devices are more typically geared
towards completing transactions, while
digital deposit-taking channel pages
contain more informational content than
would appear on ATM screens.
5. Additional Disclosures Permitted
Commenters requested that the FDIC
give IDIs flexibility to include
additional disclosures. In response, the
final rule adds a new 12 CFR 328.4(e)
that states that nothing in 12 CFR 328.4,
which covers ATMs and like devices,
limits an IDI’s ability to include
additional disclosures beyond what is
required by 12 CFR part 328. Since the
2023 Final Rule was adopted, the FDIC
has observed IDIs that provided
additional disclosures on ATMs and
like devices to clarify, for example, the
FDIC-insured status of an IDI or the
products that are covered by FDIC
insurance. The FDIC appreciates that
there may be cases where disclosures
otherwise not required by the final rule
could prevent consumer confusion or
otherwise benefit an IDI’s customers
regarding the availability of FDIC
insurance.
D. Compliance Date
Proposed Rule
The NPR proposed a compliance date
of January 1, 2027, for the amended
requirements. This delayed compliance
date recognized that IDIs would need
time to update systems and processes to
implement changes in compliance with
the proposed amendments, as well as
the fact that not all IDIs are currently
displaying signage on their digital
deposit-taking channels and ATMs and
like devices consistent with the
regulation.
Discussion of Comments
Some commenters stated that the
NPR’s proposal to set a compliance date
of January 1, 2027, would not provide
sufficient time for banks to implement
updates in accordance with any final
rule. The commenters noted that
coordinating with outside vendors to
update technological platforms takes
time, and that many such vendors
institute year-end blackout periods
tion.
Discussion of Comments
Some commenters stated that the
NPR’s proposal to set a compliance date
of January 1, 2027, would not provide
sufficient time for banks to implement
updates in accordance with any final
rule. The commenters noted that
coordinating with outside vendors to
update technological platforms takes
time, and that many such vendors
institute year-end blackout periods.
Based on these considerations, some
commenters suggested that a
compliance date be set for 18 months
following the adoption of any final rule.
In contrast, another commenter
argued that setting a January 1, 2027
compliance date would be unduly far
into the future, risking harm to
consumers. This commenter suggested a
compliance date of 6 months after
adoption of the final rule. An additional
commenter stated that the January 1,
2027 compliance date should be
suitable, but that delays may be
necessary if third-party vendors have
difficulty making necessary changes.
Relatedly, several commenters
suggested that compliance be examined
differently for IDIs that have already
implemented changes to their digital
deposit-taking channels and ATMs and
like devices to comply with the rule,
although the FDIC delayed compliance
with those requirements. These
commenters asked that the final rule
clarify that any entity whose platforms
meet the requirements of 12 CFR 328.4
and 328.5 would be deemed to be in
compliance with any amended version
of those sections.
Final Rule
The final rule adopts a compliance
date for the revised requirements of 12
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meet the requirements of 12 CFR 328.4
and 328.5 would be deemed to be in
compliance with any amended version
of those sections.
Final Rule
The final rule adopts a compliance
date for the revised requirements of 12
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22 The regulation was not clear as to whether the
requirement to display the FDIC official digital sign
on ‘‘Pages where the customer may transact with
deposits’’ would have required signage on deposit
account opening pages.
23 FFIEC Reports of Condition and Income (Call
Reports), September 30, 2025.
24 The 19 hours represent a 32-percent time
savings from the 60 hours of implementation
burden estimated in the 2023 Final Rule.
CFR 328.4 and 328.5 of April 1, 2027.
This differs slightly from the proposed
date of January 1, 2027. This ensures
that IDIs have at least a full year to
review the revised requirements and to
implement any changes necessary to
ensure their platforms are in compliance
with the final rule.
As noted, on November 25, 2025, the
FDIC extended the compliance date for
the versions of 12 CFR 328.4 and 328.5
that existed prior to this rulemaking. In
light of this final rule, the January 1,
2027 compliance date set by the FDIC
through the November 25, 2025
extension has been superseded. As
stated above, the compliance date for
the amended requirements of 12 CFR
328.4 and 328.5 being made by this final
rule is April 1, 2027.
The FDIC is not deeming IDIs
currently in compliance with the
regulation to be in compliance with this
rule. An objective of the final rule is to
refine existing signage requirements to
provide IDIs with greater flexibility. For
the most part, IDIs that have already
complied with the regulation would be
in compliance with this rule
nd 328.5 being made by this final
rule is April 1, 2027.
The FDIC is not deeming IDIs
currently in compliance with the
regulation to be in compliance with this
rule. An objective of the final rule is to
refine existing signage requirements to
provide IDIs with greater flexibility. For
the most part, IDIs that have already
complied with the regulation would be
in compliance with this rule. One
possible exception is that this final rule
expressly requires the display of the
FDIC official digital sign on the deposit
account opening page.22 The FDIC is
choosing not to adopt a
‘‘grandfathering’’ approach for this one
provision, which would be challenging
to implement, as it would create two
sets of standards indefinitely.
E. Technical Amendment
Proposed Rule
In addition to proposing substantive
amendments, the NPR would have made
a technical amendment to 12 CFR part
328. Section 328.5(c) currently provides
for a ‘‘digital symbol’’ that is defined as
the portion of the FDIC official digital
sign ‘‘consisting of ‘FDIC’ and the one
line of smaller type to the right of
‘FDIC’.’’ While this provision defining
the digital symbol is located in subpart
A of 12 CFR part 328, 12 CFR part 328
discusses the use of the digital symbol
only in subpart B, which addresses false
advertising, misrepresentation of
insured status, and misuse of the FDIC’s
name or logo. Given that the digital
symbol concept applies specifically to
the context of subpart B, the proposed
rule would have implemented a
technical amendment to transfer the text
providing for, and defining, the digital
symbol to 12 CFR 328.101 of subpart B.
The proposal stated that this non-
substantive change would promote
readability by ensuring that the
definition is physically located in the
relevant subpart of the regulation.
Discussion of Comments
The FDIC did not receive comments
that concerned the technical
amendment
nical amendment to transfer the text
providing for, and defining, the digital
symbol to 12 CFR 328.101 of subpart B.
The proposal stated that this non-
substantive change would promote
readability by ensuring that the
definition is physically located in the
relevant subpart of the regulation.
Discussion of Comments
The FDIC did not receive comments
that concerned the technical
amendment.
Final Rule
For the reasons discussed in the NPR,
the final rule adopts the transfer of the
definition of ‘‘digital symbol’’ from 12
CFR 328.5 to 12 CFR 328.101 as
proposed and makes one additional
conforming revision to update a cross-
reference.
F. Other Comments
Finally, commenters offered a number
of suggestions not directly related to the
specific topics addressed in the NPR
including, for example, translations of
required signage into languages other
than English, the policies and
procedures required by 12 CFR 328.8,
and the provisions of subpart B of 12
CFR part 328 that address false
advertising, misrepresentation of
insured status, and the misuse of the
FDIC’s name or logo. The FDIC
appreciates these comments and may
consider such topics in any future
initiative(s).
IV. Expected Effects
The changes to 12 CFR 328.4 and
328.5 are intended to clarify the
requirements for the display of the FDIC
official digital sign and non-deposit
signage, as well as clarify when such
signage is required for ATMs and
similar devices. These requirements
apply to all IDIs. To the extent that some
IDIs have not already implemented
changes to their digital operations to
comply with 12 CFR 328.4 and 328.5,
the final rule reduces the number of
hours spent to update their systems. The
final rule also reduces the number of
hours spent by IDIs to maintain ongoing
compliance with 12 CFR 328.4 and
328.5. Given this decrease in burden,
the changes in the final rule are not
expected to result in any substantive
direct costs to impacted IDIs
digital operations to
comply with 12 CFR 328.4 and 328.5,
the final rule reduces the number of
hours spent to update their systems. The
final rule also reduces the number of
hours spent by IDIs to maintain ongoing
compliance with 12 CFR 328.4 and
328.5. Given this decrease in burden,
the changes in the final rule are not
expected to result in any substantive
direct costs to impacted IDIs. Instead,
they are expected to generate cost
savings in the form of reduced
administrative effort and resource
allocation. In addition, the final rule is
expected to benefit IDIs’ customers, who
would have a more streamlined
browsing experience and reduced
confusion about which products are
FDIC-insured when a page shows both
deposit and non-deposit products.
A. Cost Savings: Implementation
The final rule is expected to benefit
IDIs by reducing implementation costs,
including labor and contracting
expenses associated with IT system
modifications, costs to upgrade
hardware for ATMs and similar devices,
and labor costs to make changes to
internal compliance policies and
procedures. The cost savings that would
result from the final rule vary by IDI
depending on the size and complexity
of an IDI’s digital deposit-taking
channels, the number of an IDI’s ATMs
and like devices, and the degree to
which an IDI relies on third-party
service providers to provide these
channels, ATMs or like devices. The
FDIC does not have the information
necessary to quantify all cost savings
associated with the final rule. However,
the FDIC believes that these benefits
will be material for certain IDIs because
stakeholders have, as previously
discussed, identified related challenges
with adopting certain provisions of 12
CFR part 328
ervice providers to provide these
channels, ATMs or like devices. The
FDIC does not have the information
necessary to quantify all cost savings
associated with the final rule. However,
the FDIC believes that these benefits
will be material for certain IDIs because
stakeholders have, as previously
discussed, identified related challenges
with adopting certain provisions of 12
CFR part 328.
Although the FDIC cannot quantify all
cost savings associated with the final
rule, it has quantified certain estimated
cost savings for IDIs associated with the
changes to recordkeeping, reporting,
and disclosure requirements for digital
signage and non-deposit signage
obligations. The FDIC recognizes that
the cost estimates in the 2023 Final Rule
may have understated the actual costs,
and thus the estimated cost savings in
this final rule may likewise understate
the actual cost savings, but the FDIC is
using the best estimates it has available.
As of September 30, 2025, 4,388 IDIs
are subject to 12 CFR part 328.23 As
previously discussed, the final rule
poses two principal effects for affected
IDIs. First, the final rule reduces the
number of digital screens or pages on
which the FDIC official digital sign must
appear. Second, the final rule narrows
certain non-deposit signage
requirements. The FDIC does not have
data identifying the number of IDIs that
maintain digital deposit-taking
channels, including websites or mobile
applications; therefore, for purposes of
this analysis, the FDIC assumes that all
IDIs would experience cost savings
resulting from the final rule. Based on
these changes, the FDIC estimates an
average reduction of 19 hours per IDI for
implementation-related recordkeeping,
reporting, and disclosure activities
alone.24 At an estimated average hourly
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vings
resulting from the final rule. Based on
these changes, the FDIC estimates an
average reduction of 19 hours per IDI for
implementation-related recordkeeping,
reporting, and disclosure activities
alone.24 At an estimated average hourly
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25 To estimate the average hourly labor cost, the
FDIC assumes that the labor used to comply with
the final rule would be performed in part by
Managers/Executives (at $158.33 per hour, 36
percent), Clerical Workers (at $42.33 per hour, 24
percent), Lawyers (at $178.57 per hour, 17 percent),
IT professionals (at $115.86 per hour, 18 percent),
and Compliance Officers (at $80.32 per hour, 4
percent). The FDIC uses the 75th percentile hourly
wages reported by the Bureau of Labor Statistics
(BLS) National Industry-Specific Occupational
Employment and Wage Estimates (OEWS) for the
relevant occupations in the Depository Credit
Intermediation sector as of May 2024. These wages
were increased by 53 and 5 percent to account for
non-wage compensation and wage inflation
between May 2024 and September 2025.
26 19 hours × $122.62 per hour × 4,388
institutions = $10,223,075.
27 FFIEC Call Reports, September 30, 2025.
28 The estimated time savings of 3 hours and 10
minutes for smaller IDIs and 6 hours and 20
minutes for larger IDIs are approximately 32 percent
of the corresponding burdens estimated in the 2023
Final Rule and are proportionally in line with the
estimated time savings for the implementation cost.
labor cost of $123,25 the final rule would
result in cost savings of $2,330 per IDI,
on average, in the implementation
period prior to the compliance deadline
for the final rule
and 20
minutes for larger IDIs are approximately 32 percent
of the corresponding burdens estimated in the 2023
Final Rule and are proportionally in line with the
estimated time savings for the implementation cost.
labor cost of $123,25 the final rule would
result in cost savings of $2,330 per IDI,
on average, in the implementation
period prior to the compliance deadline
for the final rule. Across 4,388 IDIs, the
estimated effect is more than $10.2
million in implementation cost
savings.26
Although the compliance date for the
final rule’s amendments to 12 CFR 328.4
and 328.5 is forthcoming, some IDIs
may have already taken steps to
implement the 2023 Final Rule in
anticipation of its original compliance
deadline of January 1, 2025, or its
previously revised compliance deadline
of March 1, 2026. As a result, these IDIs
may not realize full cost savings from
the final rule changes. In some cases,
they may even incur voluntary costs to
reverse or modify signage or systems
that are no longer required under the
final rule. It is also possible that such
IDIs will choose to maintain compliance
with the broader requirements in the
2023 Final Rule and therefore avoid any
reversal costs. For purposes of this
analysis, the FDIC assumes that all IDIs
would experience cost savings
generated by the final rule, and
estimates the average cost savings for an
IDI that has not yet taken steps to
comply with current requirements
under 12 CFR 328.4 and 328.5.
While the quantified implementation
cost savings may be relatively small, the
unquantified implementation cost
savings are likely to be material for
some IDIs.
B. Cost Savings: Ongoing Compliance
In addition to reducing
implementation burden in the period
leading to the amended compliance
date, the final rule generates ongoing
compliance cost savings in subsequent
years. IDIs typically incur recurring
compliance costs to maintain, review,
and update their signage and related
systems in accordance with regulatory
requirements
al for
some IDIs.
B. Cost Savings: Ongoing Compliance
In addition to reducing
implementation burden in the period
leading to the amended compliance
date, the final rule generates ongoing
compliance cost savings in subsequent
years. IDIs typically incur recurring
compliance costs to maintain, review,
and update their signage and related
systems in accordance with regulatory
requirements. Further, ongoing
compliance with FDIC signage
requirements can be a factor in costs for
third-party service agreements,
hardware replacement, as well as
validation and testing of service
delivery channels. The FDIC does not
have the information necessary to
quantify all ongoing cost savings
associated with the final rule. However,
the final rule reduces the scope of these
ongoing activities and thereby generates
associated cost savings for all affected
IDIs. As noted above, these savings will
vary across IDIs, based on the size and
complexity of their operations.
For purposes of this analysis, the
FDIC has quantified ongoing cost
savings for all IDIs associated with the
changes to recordkeeping, reporting,
and disclosure requirements for digital
signage and non-deposit signage
obligations only. The FDIC categorizes
IDIs by asset size as a proxy for the
complexity of digital operations,
consistent with the methodology used
in the 2023 Final Rule: IDIs with less
than $10 billion in assets and those with
$10 billion or more. According to the
latest Call Report data, there are 4,231
IDIs in the smaller IDI group and 157 in
the larger.27 The FDIC estimates that the
final rule would reduce ongoing annual
recordkeeping, reporting, and disclosure
compliance labor hours for smaller IDIs
by an average time savings of 3 hours
and 10 minutes
DIs with less
than $10 billion in assets and those with
$10 billion or more. According to the
latest Call Report data, there are 4,231
IDIs in the smaller IDI group and 157 in
the larger.27 The FDIC estimates that the
final rule would reduce ongoing annual
recordkeeping, reporting, and disclosure
compliance labor hours for smaller IDIs
by an average time savings of 3 hours
and 10 minutes. For larger IDIs, the
estimated annual time savings is 6 hours
and 20 minutes.28
Using the same estimated average
hourly labor cost of $123 as above, the
estimated ongoing annual cost savings
are approximately $388 per small IDI
and $777 per large IDI, on average, for
a total annual cost savings of
approximately $1.64 million for smaller
IDIs and approximately $122 thousand
for larger IDIs. This yields a total
estimated ongoing annual cost savings
associated with changes to
recordkeeping, reporting, and disclosure
requirements of approximately $1.76
million across all FDIC-insured
depository institutions.
C. Intangible Benefits and Costs
The changes in the final rule may also
result in indirect or intangible effects
that are more difficult to quantify.
In addition, the final rule is expected
to benefit consumers by improving their
experience with IDIs’ digital channels.
For example, the changes allow IDIs to
tailor digital signage placement to better
meet the needs of the customer,
resulting in more targeted and less
duplicative disclosures. The elimination
of the notification dismissal
requirement may therefore reduce
interruptions to the browsing
experience. The removal of the
requirement to display the FDIC official
digital sign on ‘‘pages where the
customer may transact with deposits’’
may eliminate consumer confusion
about which products are FDIC-insured
when a page shows both deposit and
non-deposit products. Overall, these
changes would lead to a more
streamlined and less cluttered customer
experience
ptions to the browsing
experience. The removal of the
requirement to display the FDIC official
digital sign on ‘‘pages where the
customer may transact with deposits’’
may eliminate consumer confusion
about which products are FDIC-insured
when a page shows both deposit and
non-deposit products. Overall, these
changes would lead to a more
streamlined and less cluttered customer
experience. The FDIC does not have the
data available to quantify these effects
but believes the final rule would
provide substantial benefits to
consumers of IDIs’ digital channels.
At the same time, the changes may
introduce some intangible costs. For
example, reducing signage requirements
could result in less visible or less
consistent disclosure of deposit
insurance coverage. IDIs that have
already implemented changes to their
digital operations to comply with 12
CFR part 328 may incur some costs to
modify their systems in response to the
final rule. More flexibility in how
different institutions implement the
requirements could potentially lead to
greater variability in customer
experience across the industry. The
FDIC believes these effects will be
minimal; under the final rule, 12 CFR
part 328 would still require IDIs’ digital
operations to provide clarity to
consumers about the extent to which or
the manner in which products are
insured by the FDIC.
Finally, the timing of compliance may
also influence intangible effects. Given
the extension of the compliance date,
some institutions would benefit from
increased flexibility in integrating the
new requirements into ongoing system
updates or signage cycles. However, a
longer transition period may also lead to
temporary inconsistencies in signage
across institutions, which could affect
customer experience to a limited extent.
V
o influence intangible effects. Given
the extension of the compliance date,
some institutions would benefit from
increased flexibility in integrating the
new requirements into ongoing system
updates or signage cycles. However, a
longer transition period may also lead to
temporary inconsistencies in signage
across institutions, which could affect
customer experience to a limited extent.
V. Alternatives Considered
The FDIC has considered several
alternatives to the final rule that could
meet the objectives of this rulemaking,
including proposals suggested by
commenters in response to the 2023
Final Rule and the NPR. For the reasons
described, the FDIC views the final rule
as the most appropriate and effective
means of achieving its policy objectives
with respect to 12 CFR part 328.
The FDIC considered not
promulgating any regulatory action to
amend 12 CFR part 328. However, as
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29 5 U.S.C. 601 et seq.
30 The SBA defines a small banking organization
as having $850 million or less in assets, where an
organization’s ‘‘assets are determined by averaging
the assets reported on its four quarterly financial
statements for the preceding year.’’ See 13 CFR
121.201 (as amended by 87 FR 69118, effective
December 19, 2022). In its determination, the ‘‘SBA
counts the receipts, employees, or other measure of
size of the concern whose size is at issue and all
of its domestic and foreign affiliates.’’ See 13 CFR
121.103. Following these regulations, the FDIC uses
an insured depository institution’s affiliated and
acquired assets, averaged over the preceding four
quarters, to determine whether the insured
depository institution is ‘‘small’’ for the purposes of
RFA.
31 FFIEC Call Reports, September 30, 2025.
32 Id
n whose size is at issue and all
of its domestic and foreign affiliates.’’ See 13 CFR
121.103. Following these regulations, the FDIC uses
an insured depository institution’s affiliated and
acquired assets, averaged over the preceding four
quarters, to determine whether the insured
depository institution is ‘‘small’’ for the purposes of
RFA.
31 FFIEC Call Reports, September 30, 2025.
32 Id.
33 All 3,062 small entity IDIs have less than $10
billion in assets.
34 To estimate the average hourly labor cost, the
FDIC assumes that the labor used to comply with
the final rule would be performed in part by
Managers/Executives (at $158.33 per hour, 36
percent), Clerical Workers (at $42.33 per hour, 24
percent), Lawyers (at $178.57 per hour, 17 percent),
IT professionals (at $115.86 per hour, 18 percent),
and Compliance Officers (at $80.32 per hour, 4
percent). The FDIC uses the 75th percentile hourly
wages reported by the Bureau of Labor Statistics
(BLS) National Industry-Specific Occupational
Employment and Wage Estimates (OEWS) for the
relevant occupations in the Depository Credit
Intermediation sector as of May 2024. These wages
were increased by 53 and 5 percent to account for
non-wage compensation and wage inflation
between May 2024 and September 2025.
35 $388 per year = 3:10 hours × $123 per hour.
36 44 U.S.C. 3501 et seq.
37 44 U.S.C. 3507(d).
38 5 CFR 1320.11.
previously discussed, the FDIC has
identified challenges with, and potential
improvements for, the FDIC’s sign and
advertisement regulations under subpart
A of 12 CFR part 328. As discussed in
section IV, Expected Effects, of this
document, the final rule has clear,
quantifiable cost savings, among other
benefits, over this no-action alternative
with minimal costs to IDIs and their
customers.
The FDIC also considered eliminating
the regulations in 12 CFR 328.4 and
328.5 to remove digital signage
requirements entirely
lations under subpart
A of 12 CFR part 328. As discussed in
section IV, Expected Effects, of this
document, the final rule has clear,
quantifiable cost savings, among other
benefits, over this no-action alternative
with minimal costs to IDIs and their
customers.
The FDIC also considered eliminating
the regulations in 12 CFR 328.4 and
328.5 to remove digital signage
requirements entirely. However, as
described in the 2023 Final Rule, the
FDIC believes there are benefits to
updates to 12 CFR part 328 to address
potential uncertainties that could dilute
or undermine the confidence that
underpins banks and our nation’s
broader financial system. The final rule
would advance the 2023 Final Rule’s
objective to ensure that consumers,
businesses, and other entities better
understand when their funds are
protected by FDIC deposit insurance,
while increasing the flexibility for IDIs
in the marketing of their products and
services.
VI. Regulatory Analysis
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency, in
connection with a final rule, to prepare
and make available for public comment
a final regulatory flexibility analysis that
describes the impact of the final rule on
small entities.29 However, a final
regulatory flexibility analysis is not
required if the agency certifies that the
final rule will not, if promulgated, have
a significant economic impact on a
substantial number of small entities.
The Small Business Administration
(SBA) has defined ‘‘small entities’’ to
include banking organizations with total
assets of less than or equal to $850
million.30 Generally, the FDIC considers
a significant economic impact to be a
quantified effect in excess of 5 percent
of total annual salaries and benefits or
2.5 percent of total noninterest
expenses. The FDIC believes that effects
in excess of one or more of these
thresholds typically represent
significant economic impacts for FDIC-
supervised institutions
less than or equal to $850
million.30 Generally, the FDIC considers
a significant economic impact to be a
quantified effect in excess of 5 percent
of total annual salaries and benefits or
2.5 percent of total noninterest
expenses. The FDIC believes that effects
in excess of one or more of these
thresholds typically represent
significant economic impacts for FDIC-
supervised institutions. For the reasons
described below, the FDIC certifies that
the final rule will not have a significant
economic impact on a substantial
number of small entities.
As described in section IV, Expected
Effects, of this document, the final rule
affects all institutions whose deposits
are insured by the FDIC. According to
recent Call Reports, there are 4,388 such
IDIs.31 Of these, approximately 3,062
are considered small entities for the
purposes of the RFA (small entity
IDIs).32
As a result of the final rule, IDIs with
less than $10 billion in assets 33 would
spend an estimated 19 fewer hours, on
average, to update their digital
operations in the first period in order to
comply with the recordkeeping,
reporting, and disclosure provision of
the 2023 Final Rule. At average labor
costs of $123 per hour,34 the estimated
first-year cost savings would be
approximately $2,330 per IDI, or
approximately $7.1 million for all small
entity IDIs—less than a tenth of a
percent of annual salaries and benefits
for these 3,062 entities in aggregate. At
the individual IDI level, the estimated
first-year cost savings would not exceed
even one percent of the total annual
salaries and benefits for any small entity
IDI. For subsequent years, the estimated
costs savings are even smaller: an IDI
with less than $10 billion in assets is
expected to spend 3 hours and 10
minutes less (equivalent to $388) per
year,35 on average, to comply with the
recordkeeping, reporting, and disclosure
provisions within 12 CFR part 328 as a
result of the final rule
total annual
salaries and benefits for any small entity
IDI. For subsequent years, the estimated
costs savings are even smaller: an IDI
with less than $10 billion in assets is
expected to spend 3 hours and 10
minutes less (equivalent to $388) per
year,35 on average, to comply with the
recordkeeping, reporting, and disclosure
provisions within 12 CFR part 328 as a
result of the final rule. Thus, the final
rule is unlikely to significantly impact
any small entity IDI.
The final rule would also provide
benefits other than the cost savings
described above, including greater
flexibility in signage design and
placement, improved customer
experience, and reduced staff time
allocated to maintaining signage
compliance across multiple channels
and devices. As noted in section IV,
Expected Effects, of this document, the
FDIC is unable to quantify these effects.
However, the FDIC believes these
effects, while potentially substantial for
certain IDIs, are likely to be minimal in
the aggregate.
Given the expected effects of the final
rule described above, the FDIC certifies
that the final rule would not have a
significant economic impact on a
substantial number of small entities.
B. Paperwork Reduction Act
Certain provisions of the final rule
contain ‘‘collections of information’’
within the meaning of the Paperwork
Reduction Act (PRA) of 1995.36 In
accordance with the requirements of the
PRA, the FDIC may not conduct or
sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The FDIC will
submit the proposed revisions to these
information collections to OMB for
review under section 3507(d) of the
PRA 37 and 5 CFR 1320.11 of the OMB’s
implementing regulations.38 The FDIC
is proposing to extend for three years,
with revision, these information
collections
ion
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The FDIC will
submit the proposed revisions to these
information collections to OMB for
review under section 3507(d) of the
PRA 37 and 5 CFR 1320.11 of the OMB’s
implementing regulations.38 The FDIC
is proposing to extend for three years,
with revision, these information
collections.
Title of Information Collection: FDIC’s
Official Sign and Advertising
Requirements, False Advertising,
Misrepresentation of Insured Status, and
Misuse of the FDIC’s Name or Logo.
OMB Number: 3064–0219.
Frequency of Response: Periodic—see
table below.
Affected Public: Businesses or other
for-profit.
Respondents: Any FDIC-insured
depository institution and persons that
provide deposit-related services to
insured depository institutions or offer
insured depository institution’s deposit-
related products or services to other
parties.
Current Actions: The final rule would
revise the currently approved
information collection to streamline the
requirements to display the FDIC
official digital sign and the display of
non-deposit signage to certain pages.
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39 Details on how each line item of the table was
calculated can be found in the PRA section of the
2023 Final Rule.
These changes are reflected in
information collections 3–5 on the table
below.39 Based on the latest available
data, the estimated annual burden
associated with all the information
collections would decrease.
SUMMARY OF ESTIMATED ANNUAL PRA BURDEN
Information collection
(obligation to respond)
Type of burden
(frequency of response)
Number of
respondents
Average
number of
responses per
respondent
Average
time per
response
(HH:MM)
Annual
burden
(hours)
1
39 Based on the latest available
data, the estimated annual burden
associated with all the information
collections would decrease.
SUMMARY OF ESTIMATED ANNUAL PRA BURDEN
Information collection
(obligation to respond)
Type of burden
(frequency of response)
Number of
respondents
Average
number of
responses per
respondent
Average
time per
response
(HH:MM)
Annual
burden
(hours)
1. Signs within Institution Premises—Banks
<$10B, 12 CFR 328.3 (Mandatory).
Third-Party Disclosure
(Annual).
4,231
8
1:00
33,848
2. Signs within Institution Premises—Banks >=
$10B, 12 CFR 328.3 (Mandatory).
Third-Party Disclosure
(Annual).
157
276
2:00
86,664
3. Signage for ATMs and Digital Deposit-taking
Channels—Implementation, 12 CFR 328.4 and
328.5 (Mandatory).
Third-Party Disclosure
(Annual).
4,388
0.333
41:00
59,901
4. Signage for ATMs and Digital Deposit-taking
Channels—Banks <$10B—Ongoing, 12 CFR
328.4 and 328.5 (Mandatory).
Third-Party Disclosure
(Annual).
4,231
0.667
6:50
19,284
5. Signage for ATMs and Digital Deposit-taking
Channels—Banks >= $10B—Ongoing, 12 CFR
328.4 and 328.5 (Mandatory).
Third-Party Disclosure
(Annual).
157
0.667
13:40
1,435
6. Policies and Procedures—Implementation, 12
CFR 328.8 (Mandatory).
Recordkeeping (Annual)
4,388
0.333
80:00
116,880
7. Policies and Procedures—Ongoing, 12 CFR
328.8 (Mandatory).
Recordkeeping (Annual)
4,388
0.667
12:00
35,124
8. Insured Depository Institution Relationships—
Implementation 12 CFR 328.102(b)(5) (Manda-
tory).
Third-Party Disclosure
(Annual).
1,500
0.333
2:30
1,250
9. Insured Depository Institution Relationships—
Ongoing 12 CFR 328.102(b)(5) (Mandatory).
Third-Party Disclosure
(Annual).
1,500
0.667
1:00
1,001
10. Request for Consent to Use Non-English
Language Advertising Statement—12 CFR
328.6(f) (Required to Obtain or Retain a Ben-
efit).
Reporting (On occa-
sion).
1
1
2:00
2
Total Annual Burden (Hours) ........................
......................................
Institution Relationships—
Ongoing 12 CFR 328.102(b)(5) (Mandatory).
Third-Party Disclosure
(Annual).
1,500
0.667
1:00
1,001
10. Request for Consent to Use Non-English
Language Advertising Statement—12 CFR
328.6(f) (Required to Obtain or Retain a Ben-
efit).
Reporting (On occa-
sion).
1
1
2:00
2
Total Annual Burden (Hours) ........................
.......................................
........................
........................
........................
355,38
Source: FDIC.
Note: The annual burden estimate for a given collection is calculated in two steps. First, the total number of annual responses is calculated as
the whole number closest to the product of the annual number of respondents and the annual number of responses per respondent. Then, the
total number of annual responses is multiplied by the time per response and rounded to the nearest hour to obtain the estimated annual burden
for that collection. This rounding ensures the annual burden hours in the table are consistent with the values recorded in the OMB’s regulatory
tracking system.
C. Plain Language
Section 722 of the Gramm-Leach
Bliley Act 32 requires the Federal
banking agencies to use plain language
in all proposed and final rules
published in the Federal Register after
January 1, 2000. FDIC staff believes the
final rule is presented in a simple and
straightforward manner. The FDIC
invited comments regarding the use of
plain language in the proposed rule but
did not receive any comments on this
topic.
D
each
Bliley Act 32 requires the Federal
banking agencies to use plain language
in all proposed and final rules
published in the Federal Register after
January 1, 2000. FDIC staff believes the
final rule is presented in a simple and
straightforward manner. The FDIC
invited comments regarding the use of
plain language in the proposed rule but
did not receive any comments on this
topic.
D. Riegle Community Development and
Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the
Riegle Community Development and
Regulatory Improvement Act of 1994
(RCDRIA),33 in determining the effective
date and administrative compliance
requirements for new regulations that
impose additional reporting, disclosure,
or other requirements on IDIs, each
Federal banking agency must consider,
consistent with principles of safety and
soundness and the public interest, any
administrative burdens that such
regulations would place on affected
depository institutions, including small
depository institutions, and customers
of depository institutions, as well as the
benefits of such regulations. In addition,
section 302(b) of the RCDRIA requires
new regulations and amendments to
regulations that impose additional
reporting, disclosures, or other new
requirements on IDIs generally to take
effect on the first day of a calendar
quarter that begins on or after the date
on which the regulations are published
in final form. The final rule provides
IDIs with greater flexibility and clarity
in the display of FDIC signage on digital
deposit-taking channels and ATMs and
like devices. To ensure IDIs have ample
time to implement the streamlined
requirements, the compliance date for
the rule will be April 1, 2027.
E. Executive Order 12866
Executive Order 12866, as amended,
provides that the Office of Information
and Regulatory Affairs (OIRA) will
review all ‘‘significant regulatory
actions’’ as defined therein. The FDIC
has submitted this regulatory act to
OIRA for review
ensure IDIs have ample
time to implement the streamlined
requirements, the compliance date for
the rule will be April 1, 2027.
E. Executive Order 12866
Executive Order 12866, as amended,
provides that the Office of Information
and Regulatory Affairs (OIRA) will
review all ‘‘significant regulatory
actions’’ as defined therein. The FDIC
has submitted this regulatory act to
OIRA for review. OIRA has determined
that this final rule is not a ‘‘significant
regulatory action’’ for purposes of
Executive Order 12866. For more
information on the analysis conducted
in connection with Executive Order
12866, refer to other sections of this
SUPPLEMENTARY INFORMATION.
F. Executive Order 14192
Executive Order 14192 directs
agencies, unless prohibited by law, to
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40 5 U.S.C. 804(2).
41 5 U.S.C. 801(a)(3).
identify at least 10 existing regulations
to be repealed when the agency publicly
proposes for notice and comment or
otherwise promulgates a new regulation
with total costs greater than zero.
Executive Order 14192 further requires
that new incremental costs associated
with new regulations shall, to the extent
permitted by law, be offset by the
elimination of existing costs associated
with at least 10 prior regulations. An
Executive Order 14192 deregulatory
action is an action that has been
finalized and has total costs less than
zero. This action is considered an
Executive Order 14192 deregulatory
action. The FDIC estimates that this rule
generates $2.0 million in annualized
cost savings at a 7-percent discount rate,
discounted relative to year 2024, over a
perpetual time horizon.
G
prior regulations. An
Executive Order 14192 deregulatory
action is an action that has been
finalized and has total costs less than
zero. This action is considered an
Executive Order 14192 deregulatory
action. The FDIC estimates that this rule
generates $2.0 million in annualized
cost savings at a 7-percent discount rate,
discounted relative to year 2024, over a
perpetual time horizon.
G. Congressional Review Act
Pursuant to the Congressional Review
Act, OMB makes a determination as to
whether a final rule constitutes a ’’major
rule,’’ defined in the Congressional
Review Act as any rule that the
Administrator of OIRA finds has
resulted in or is likely to result in (A)
an annual effect on the economy of
$100,000,000 or more; (B) a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies or geographic regions; or (C)
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreign-
based enterprises in domestic and
export markets.40 If a rule is determined
to be a ‘‘major rule’’ by OMB, the
Congressional Review Act generally
provides that the rule may not take
effect until at least 60 days following its
publication.41 If a rule is not a ‘‘major
rule,’’ the rule may take effect after the
Federal agency submits to Congress a
report required under the Congressional
Review Act. OMB has determined the
final rule is not a major rule under the
Congressional Review Act.
List of Subjects in 12 CFR Part 328
Advertising, Bank deposit insurance,
Savings associations, Signs and
symbols
ollowing its
publication.41 If a rule is not a ‘‘major
rule,’’ the rule may take effect after the
Federal agency submits to Congress a
report required under the Congressional
Review Act. OMB has determined the
final rule is not a major rule under the
Congressional Review Act.
List of Subjects in 12 CFR Part 328
Advertising, Bank deposit insurance,
Savings associations, Signs and
symbols.
Authority and Issuance
For the reasons stated in the
preamble, the Federal Deposit Insurance
Corporation amends part 328 of title 12
of the Code of Federal Regulations as
follows:
PART 328—FDIC OFFICIAL SIGNS,
ADVERTISEMENT OF MEMBERSHIP,
FALSE ADVERTISING,
MISREPRESENTATION OF INSURED
STATUS, AND MISUSE OF THE FDIC’S
LOGO
■1. The authority citation for part 328
continues to read as follows:
Authority: 12 U.S.C. 1818, 1819 (Tenth),
1820(c), 1828(a).
■2. Revise §§ 328.4 and 328.5 to read as
follows:
§ 328.4
Signs for automated teller
machines (ATMs) and like devices.
(a) Scope. This section governs
signage for insured depository
institutions’ ATMs and other remote
electronic facilities (referred to as ‘‘like
devices’’) that receive deposits. For
purpose of this section, ATMs and like
devices are not digital deposit-taking
channels.
(b) Display of FDIC official digital
sign. Except as provided in paragraph
(c) of this section, an insured depository
institution must clearly, continuously,
and conspicuously display the FDIC
official digital sign specified in
§ 328.5(b) on the initial screen of the
insured depository institution’s ATMs
and like devices. For purposes of this
paragraph (b), a screen saver or an
advertisement for products, services, or
events on the screen of an idle ATM is
not considered the ‘‘initial screen.’’
ository
institution must clearly, continuously,
and conspicuously display the FDIC
official digital sign specified in
§ 328.5(b) on the initial screen of the
insured depository institution’s ATMs
and like devices. For purposes of this
paragraph (b), a screen saver or an
advertisement for products, services, or
events on the screen of an idle ATM is
not considered the ‘‘initial screen.’’
(c) Limited exception for certain
ATMs to display physical official sign.
The physical official sign as described
in § 328.2 may be displayed in lieu of
the FDIC official digital sign as
described in § 328.5(b), for:
(1) ATMs and like devices placed into
service after April 1, 2027, that do not
permit an insured depository
institution’s customer to transact with a
non-deposit product; and
(2) ATMs and like devices placed into
service on or before April 1, 2027.
(d) Non-deposit signage. An insured
depository institution’s ATM and like
device that both receive deposits and
permit the insured depository
institution’s customer to transact with
one or more non-deposit products must
clearly, continuously, and
conspicuously display signage
indicating that the non-deposit
products: are not insured by the FDIC;
are not deposits; and may lose value.
This signage must be displayed on the
first page or screen displayed upon
initiating a transaction with a non-
deposit product.
(e) Additional disclosures permitted.
This section does not limit an insured
depository institution’s ability to
include additional disclosures.
§ 328.5
Signs for digital deposit-taking
channels.
(a) Scope. This section governs
signage for digital deposit-taking
channels, including insured depository
institutions’ websites and web-based or
mobile applications, that offer the
ability to make deposits electronically
and provide access to deposits at
insured depository institutions. This
section does not apply to ATMs and like
devices as described in § 328.4.
osit-taking
channels.
(a) Scope. This section governs
signage for digital deposit-taking
channels, including insured depository
institutions’ websites and web-based or
mobile applications, that offer the
ability to make deposits electronically
and provide access to deposits at
insured depository institutions. This
section does not apply to ATMs and like
devices as described in § 328.4.
(b) Design. In general, the ‘‘FDIC’’ in
the FDIC official digital sign shall be
displayed in bold, navy blue or black,
and the ‘‘FDIC-Insured—Backed by the
full faith and credit of the U.S.
Government’’ shall be displayed in
smaller type, in italic, and with navy
blue or black lettering. The entire FDIC
official digital sign shall be displayed in
Source Sans Pro Web or similar font.
For an FDIC official digital sign that
would be illegible if displayed in the
colors listed in this paragraph (b), due
to the color of the background, the FDIC
official digital sign shall be displayed in
white to contrast with the background,
and must otherwise comply with the
other format requirements listed in this
paragraph (b). The official digital sign
required by the provisions of this
section shall have the following design,
for which wrapping may be permitted to
address space constraints:
Figure 1 to Paragraph (b)
(c) Display of FDIC official digital
sign. An insured depository institution’s
digital deposit-taking channel must
clearly, continuously, and
conspicuously display the FDIC official
digital sign specified in paragraph (b) of
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this section on the following pages or
screens:
(1) Initial page or homepage of the
website or application;
(2) Login page; and
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this section on the following pages or
screens:
(1) Initial page or homepage of the
website or application;
(2) Login page; and
(3) Page or screen where the consumer
first initiates a deposit account opening.
(d) Non-deposit signage—(1) Display
of non-deposit signage. (i) An insured
depository institution’s digital deposit-
taking channel that:
(A) Offers the ability to make deposits
electronically and provides access to
deposits; and
(B) Advertises or provides
information about, or access to, one or
more non-deposit products must clearly,
continuously, and conspicuously
display signage indicating that the non-
deposit products: are not insured by the
FDIC; are not deposits; and may lose
value.
(ii) This signage must be displayed on
all pages or screens primarily dedicated
to advertising or providing information
about, or access to, one or more non-
deposit products.
(2) One-time notification for insured
depository institution customers related
to third-party non-deposit products—(i)
Notification requirement. An insured
depository institution’s digital deposit-
taking channel that provides access to a
non-deposit product from a non-bank
third party’s online interface must
provide a one-time per session
notification to an insured depository
institution customer who is logged into
the insured depository institution’s
digital deposit-taking channel before the
customer leaves the insured depository
institution’s digital deposit-taking
channel to access the non-bank third
party’s non-deposit product.
product from a non-bank
third party’s online interface must
provide a one-time per session
notification to an insured depository
institution customer who is logged into
the insured depository institution’s
digital deposit-taking channel before the
customer leaves the insured depository
institution’s digital deposit-taking
channel to access the non-bank third
party’s non-deposit product.
(ii) Content of notification. The
notification in paragraph (d)(2)(i) of this
section must clearly and conspicuously
indicate that the third party’s non-
deposit products: are not insured by the
FDIC; are not deposits; and may lose
value.
(iii) Dismissal of notification. The
notification requirement in paragraph
(d)(2)(i) of this section is satisfied if the
notification, either or both:
(A) Is dismissed by an affirmative act
of the bank customer, such as a click or
swipe, after any period of time; or
(B) Automatically disappears after
being displayed for a minimum of three
seconds.
(e) Examples of clear, continuous, and
conspicuous placement. Examples of
the FDIC official digital sign and non-
deposit signage placement that would
satisfy the ‘‘clear, continuous, and
conspicuous’’ standard include, but are
not limited to, the following:
(1) The homepage of an insured
depository institution’s website that
continuously displays the FDIC official
digital sign near the top of the page and
adjacent to the insured depository
institution’s name;
(2) The login page for an insured
depository institution’s mobile
application that displays the FDIC
official digital sign immediately
adjacent to the username and password
fields;
(3) The deposit account opening page
for an insured depository institution’s
web-based application that displays the
FDIC official digital sign near the top or
center of the page; and
ry
institution’s name;
(2) The login page for an insured
depository institution’s mobile
application that displays the FDIC
official digital sign immediately
adjacent to the username and password
fields;
(3) The deposit account opening page
for an insured depository institution’s
web-based application that displays the
FDIC official digital sign near the top or
center of the page; and
(4) With respect to non-deposit
signage, a page on an insured depository
institution’s website promoting, for
example, annuities available for
purchase, with non-deposit signage
appearing towards the bottom of the
page in a manner that distinguishes the
text of the non-deposit signage from the
smallest text on the page using, for
example, bold or larger text, or
surrounding the signage with a text box.
(f) Additional disclosures permitted.
This section does not limit an insured
depository institution’s ability to
include additional disclosures.
■3. Amend § 328.101 by adding the
definition for ‘‘Digital symbol’’ in
alphabetical order and revising the
definition for ‘‘FDIC-Associated Images’’
to read as follows:
§ 328.101
Definitions.
*
*
*
*
*
Digital symbol means the portion of
the FDIC official digital sign, as set forth
in § 328.5(b), consisting of ‘‘FDIC’’ and
the one line of smaller type to the right
of ‘‘FDIC’’.
*
*
*
*
*
FDIC-Associated Images means the
Seal of the FDIC, alone or within the
letter C of the term FDIC; the Official
Sign and Symbol of the FDIC, as set
forth in § 328.2; the FDIC Official Digital
Sign set forth in § 328.5; the Digital
Symbol set forth in this § 328.101; the
Official Advertising Statement, as set
forth in § 328.6; any similar images; and
any other signs and symbols that may
represent or imply that any deposit,
liability, obligation certificate, or share
is insured or guaranteed in whole or in
part by the FDIC.
*
*
*
*
*
Federal Deposit Insurance Corporation.
By order of the Board of Directors
ital
Symbol set forth in this § 328.101; the
Official Advertising Statement, as set
forth in § 328.6; any similar images; and
any other signs and symbols that may
represent or imply that any deposit,
liability, obligation certificate, or share
is insured or guaranteed in whole or in
part by the FDIC.
*
*
*
*
*
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on January 22,
2026.
Jennifer M. Jones,
Deputy Executive Secretary.
[FR Doc. 2026–01806 Filed 1–28–26; 8:45 am]
BILLING CODE 6714–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
RIN 3245–AI71
Improving SBA Disaster Loan Ability
To Provide Meaningful and Timely
Assistance
AGENCY: U.S. Small Business
Administration.
ACTION: Interim final rule with request
for comments.
SUMMARY: The U.S. Small Business
Administration (SBA or Agency) is
issuing this interim final rule (IFR) to
ensure the timely and effective delivery
of assistance under the Disaster Loan
Program authorized under section 7(b)
of the Small Business Act (15 U.S.C.
636(b)) (‘‘Disaster Loan Program’’)
following a Presidentially declared
disaster. This rule preempts certain state
and local requirements impacting the
repair, rehabilitation, or replacement of
damaged or destroyed property and
associated activities financed by the
Disaster Loan Program when such
requirements cause delay in the use of
SBA Disaster Loan Program proceeds.
The rule is necessary to reconcile non-
federal requirements that undermine
Congress’s objective of rapid housing
and business recovery, public health
and safety restoration, and economic
stabilization after disasters.
DATES:
Effective Date: This interim final rule
is effective January 29, 2026. Comments
must be received on or before March 2,
2026.
Applicability Date: This rule applies
to disaster loans approved on or after
January 1, 2025
ments that undermine
Congress’s objective of rapid housing
and business recovery, public health
and safety restoration, and economic
stabilization after disasters.
DATES:
Effective Date: This interim final rule
is effective January 29, 2026. Comments
must be received on or before March 2,
2026.
Applicability Date: This rule applies
to disaster loans approved on or after
January 1, 2025.
ADDRESSES: You may submit comments,
identified by RIN 3245–AI71, by any of
the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov and follow the
instructions for submitting comments.
• Mail (for paper submissions): Eric
Wall, Office of Disaster Recovery and
Resilience, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
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